21 June 2003

Governor Warner is going to have to decide whether to send 20 of the 27 inmates on Virginia's death row to their death after having been convicted using invalid jury instructions or ordering them back into court for resentencing.

I don't know all the rules in capital cases (they are definitely different than regular felonies) but I think the 21 day rule may render this a moot point. No jurisdiction exists in any court because 21 days has passed. Of course, there is always the habeus option or the Governor could commit political suicide and commute all these setences to life without parole.


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